211: Ensuring Equal Access: How ADA Law Applies to Food and Beverage at Events

Heard on the Episode

"And a mother who had a child who didn't have a peanut allergy sued, and said, 'I have a constitutional right to give my child peanut butter in school.' And the court said, no. You don't have a constitutional right." ~Laurel Francoeur (41:48)

“Providing inclusive meals makes people feel safe and welcome, driving repeat visits and positive experiences.” ~Laurel Francoeur (31:05)

Key Topics Discussed

• Reasonable Accommodations

  • Feasibility and context considerations.

  • Obligations differing for national chains versus small businesses.

• ADA's Expanded Definition

  • 2008 amendment recognizing food allergies and episodic conditions.

• Meeting Planning

  • Precedents in accommodations.

  • Personal conversations with guests on their needs.

• Legal and Social Challenges

  • Cases highlighting lack of understanding and legal consistency.

  • Emotional impact of managing food allergies.

Key Takeaways

• Reasonable Accommodations: Accommodations must be feasible and context-specific, especially differentiating large chains from small businesses.

• Expanded Definition of Disability: The ADA now includes food allergies, prompting better inclusivity in public spaces.

• Meeting Planner Responsibilities: Past practices establish a duty of care; understanding guests' needs through personal conversations is critical.

• Emotional and Legal Complexity: Continued education and awareness are necessary to promote understanding and prevent discrimination.

Tips

• Start Early: Discuss dietary needs with venues and suppliers well before the event.

• Engage Personally: Talk directly with guests who have dietary restrictions to tailor accommodations.

• Detailed Labeling: Clearly mark food items with allergen information to ensure safety.

• Capitalize on Precedents: Use past events’ accommodations to set standards and expectations.

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